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The former Zip's is being converted into two apartments with the endorsement of the neighborhood.

Dalton Zoning Board OKs Conversion of Zip's Bar into Apartments

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The Zoning Board of Appeals on Tuesday approved the conversion of the former Zip's Bar & Billiards into four apartments. 
 
The owner, Ron Carver, submitted an application for a special permit requesting to convert the first floor of the tavern into residential apartments.  
 
"The former tenant went out of business. He was operating a bar/nightclub and had lost business and decided after COVID that it just wasn't worth his while to continue," board Chair Anthony Doyle said.
 
"So Mr. Carver is left with an empty commercial space, and the question is do you try to get another bar in there or do you do something else, and he opted to convert."
 
The detailed application that Carver submitted was described by board members as impressive. The notice of the public hearing was posted on April 23 and 30 to alert neighbors to come and speak. 
 
Despite the public hearing notice, no one attended the meeting to speak against the application, which is a good indication that the neighbors support it, Doyle said. 
 
Carver attended the meeting and provided a letter from one of the neighbors expressing their support for the change. 
 
"Due to work conflicts. We couldn't be there for the upcoming town meeting concerning the construction work on 191 East Housatonic St. As a neighbor at 199 East Housatonic St. we fully support any changes made to the property," the letter says. 
 
The property is located in an R-2 district, which is a multiple-family residential zone, and is boarded by residential properties. 
 
City records indicated that the property was built in 1875 and was formerly the Edmare Cafe. However, the site was later used as a bar and nightclub for many decades. 
 
The use of the facility as a nightclub is "impractical," "undesirable," and has been financially unsustainable post pandemic, the application narrative says.
 
"Further nightclub use is undesirable from the neighborhood perspective based upon past interactions with the neighborhood," the document says.
 
"This proposal is a compromise from the non-residential use to a multi-family use in the residential zone." 
 
A new front door would be installed to "improve access/egress from the existing second-floor apartments," and a new sidewalk would be installed "to facilitate pedestrian access from the parking to the front entrance." 
 
A sprinkler system would be installed, and the existing exterior fire escape would be removed "as they are no longer required." 
 
The project would involve an interior renovation of the building and converting the buildings into apartments. 
 
"The upstairs will be renovated to improve the stairs and egress as part of the project. Overall, the project will increase the existing apartment count from two existing apartments to four total apartments at this location," the application documentation says. 
 
The proposal's traffic estimates suggest that traffic would be lower during peak periods, except for the morning peak time, compared to its current use.
 
"The peak morning estimate is 15 trips, which is not significant from a traffic perspective," the application says. 
 
The Traffic Commission and Board of Health reviewed the application during their meetings in April and expressed that they had no concerns about the project. 
 
There is currently parking on site for more than 30 vehicles. 
 
There would be no parking in the front yard except for the multi-dwelling’s off-street parking. 
 
"The existing parking is screened and shall be reduced to six parking spaces with screening to remain," the application says. 
 
Any parking area with more than five parking spaces would be screened. 
 
The parking area for ten or more cars would be contained or "bordered by trees and/or plantings as necessary to effectively screen adjoining properties and provide visual relief from broad expanses of pavement." 
 
The proposed sewer and water use will be less than half of the current use, the application says.
 
"The renovation will require a new water service to support the installation of a sprinkler system in the building," the application says. 
 
In other news: 
 
The board approved the special permit for Susan Korte to expand her 2,240-square-foot barn by 288 feet to make room for more farm equipment, animals, and hay. Korte has sheep, goats, two mini horses, and geese, which she has rescued. The siding will match the current barn, so it will appear seamless. 
 
The board expressed no concerns as the work she is doing there is permitted, the change complies with town bylaws, and there is plenty of space on the parcel. 

Tags: ZBA,   apartments,   housing,   

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Lanesborough Officials Take Road District Dissolution Off Warrant

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Select Board has removed a town meeting warrant article regarding the dissolution of the Baker Hill Road District.

JMJ Holdings development consultant Tim Grogan spoke in public comment saying the Berkshire Mall owner is currently has purchase-and-sale agreement for the mall. 

Back in February, the Select Board settled a tax dispute with JMJ Holdings by agreeing to move forward in dissolving the district if the company paid $1.1 million to the town. JMJ Holdings had to provide a signed development-and-purchase agreement 30 days before the town meeting. 

JMJ holdings did not submit a payment to be made by May 9. Because of that, the Select Board voted to take the article of the warrant to be voted at the annual town meeting.

Meanwhile, the Baker Hill Road District presented a slideshow defending the district and explaining what it does.

The district currently provides a non-resident-funded revenue stream of around $500,000 per year. These funds help pay for police cars and officer salaries, dump trucks, fire trucks, and more for the town.

"Dissolution would mean the district's three commercial property owners would no longer have to pay for upkeep of the Route Seven/Eight connector road. As a result, the BHRD annual contribution of more than $500,000 to Lanesborough would disappear permanently, since the services and maintenance costs associated with the Route Seven and Eight connector road would still remain," said Tom Caraccioli, PR consultant with AH&M Inc. "Lanesborough would have to absorb these costs and continue to provide emergency services to the mall and Target. The financial burden for these remaining expenses would then fall on Lanesborough taxpayers through higher taxes or the reduction of other important town services."

The proposal with JMJ would affect the town in a negative way Caraccioli claimed. 

"JMJ is proposing a one-time payment of $1.1 million to Lanesborough in exchange, JMJ would never pay BHRD taxes again. The decision to dissolve the BHRD by accepting this proposed $1.1 million would be a permanent choice that would have irreversible consequences," he said. "There will be no official system in place to cover recurring costs once the money from this single payment is spent. Therefore, the proposed one-time payment is not a long-term solution for the town of Lanesborough."

JMJ's dispute was that the Berkshire Mall no longer exists as a functioning entity and it should not be on the hook for protection and maintenance that had been based on the mall's operation in its heyday. The company is seeking to redevelop the site as senior housing and town officials were asking the state to take over the Connector Road. 

District officials said it's not guaranteed that the state would take over the road linking Routes 7 and 8, built to service the mall back in the '80s, and that the state Department of Transportation had historically discouraged the town from asking. Even if it happened, it could take three to five years, during which no BHRD funds would be collected if the district is dissolved. The state would not replace the revenue they support, and they argued the state is facing its own budget issues making it unlikely they would want to take over.

The road district was created by an act of the Legislature and would require another act to dissolve it. The town meeting article asked for voter support for a home-rule petition to start that process.  

After the presentation, it was asked what the current financial status of the BHRD, given that JMJ hasn’t paid in a long time and if the district actually has the money or if it is dependent on the mall sale.

Mark Siegars, attorney for BHRD, reminded the room that the mall is under a purchase and sale agreement and if the sale closes, the district expects to receive more than a million dollars because of the lawsuit and lien, but does not have that cash yet. If the sale does not go through, BHRD will take the mall and sell it. The district still gets payments from Target, which is separate from the mall. 

There were also some questions on the district's history, with Select Board member Jason Breault asking if the mall did not have a high tax rate from the district, would it still be solvent. The exchange became heated between Siegars and BHRD Chair Bill Prendergast.

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